English law currently requires all businesses to check that people they bring in to do work have the legal right to work in the UK. This includes collecting and checking documents (such as a passport or visa) before the work starts and keeping records to show that the check was done properly. 

Failing to carry out these checks can lead to: 

• Fines of up to £60,000 per illegal worker (increased in 2024). 

• Criminal charges (up to 5 years in prison) if a business knew, or had reason to believe, the person didn’t have the right to work. 

• Reputational damage or business closure in serious cases. 

Currently, these checks are required when someone is directly employed. However, the Home Office also recommends carrying out checks in other circumstances, such as when individuals are engaged via agencies, subcontractors, or other third-party platforms, even if they are not formally employed by the business. 

The Home Office has proposed changes that would make these checks a formal legal requirement for businesses working with gig economy and zero-hours staff. This includes individuals engaged through apps, platforms, agencies, or on short-term arrangements which is common in roles such as catering, runners, security, cleaning, and delivery. 

If passed, the new law would mean: 

• Right to work checks will be required even where the person is not employed directly. 

• Checks would apply regardless of contract type or how the work is arranged. 

• The same penalties will apply to those who fail to carry out checks – including fines and possible criminal charges. 

A consultation is expected to take place once the proposals progress through Parliament, giving businesses the chance to provide feedback. 

If you work with freelancers, casual crew, or staff arranged through agencies or platforms, especially for roles like catering, runners, security, or delivery, you may soon be legally required to carry out right to work checks, even if the person isn’t directly employed by your business. 

This change means: 

• You’ll need to make sure checks are being done for a wider range of people – either by your team or the third parties you use. 

• You may be held legally responsible if someone working on your production is found not to have the right to work. 

• Failing to comply could lead to heavy fines, reputational harm, or criminal charges in serious cases. 

While the new rules aren’t yet in force, this is a good time to: 

• Review your onboarding processes – especially where work is arranged informally or at short notice. 

• Clarify responsibilities in your contracts with third-party providers. 

• Train staff involved in recruitment or scheduling, so they understand the basics of right to work checks. 

We’ll share further updates as more details become available. In the meantime, if your productions involve fast-changing crews or flexible staffing arrangements, it’s worth checking how your current hiring processes address these risks.